HC allows releases of bailed accused on personal bond

The Allahabad High Court on Monday directed release of all undertrials, who were given bail to curb overcrowding in jails amid the COVID-19 spread, on furnishing of personal bonds itself. A bench of Chief Justice Govind Mathur and Justice Siddhartha Verma ordered the release of the bailed out accused on basis of personal bonds in view of their difficulties in finding people top stand sureties for them amid the ongoing coronavirus crisis. The bench came to the rescue of prisoners invoking its inherent powers under the Article 226 and 227 of the Constitution of India.

"It is brought to our notice that before enforcement of the lockdown, different courts in Uttar Pradesh including the high court have passed orders to release the accused applicants on bail but they have not been released so far due to non-availability of sureties,” the bench said “Looking to impediments in arranging sureties because of the lockdown, we deem it appropriate to invoke powers under Article 226 and 227 of the Constitution of India and order that all the accused applicant, whose bail applications came to be allowed on or after March 15, 2020 but have not been released due to non-availability of sureties as a result of the lockdown, may be released on executing personal bond," the bench said.

The bonds have to be of worth "as ordered by the court or to the satisfaction of the jail authorities", said the bench, adding the accused applicants have to undertake to furnish required sureties within a period of one month from the date of his or her actual release. The court also directed that in any arbitral proceedings, if the pleadings have been completed and the period of twelve months has expired or is going to expire on or after March 25, the same would stand extended up to May 25. Earlier on March 26, taking suo moto action, the court had directed the extension of the limited-period bail for one month. The high court on March 26 had also put in abeyance all judicial orders for eviction, dispossession or demolition in the state for a month.